[Federal Register Volume 88, Number 161 (Tuesday, August 22, 2023)]
[Notices]
[Pages 57171-57173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18021]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2022-0094; Notice 2]


Hitachi Cable America Inc., Now Known as Proterial Cable America, 
Inc., and Harley-Davidson Motor Company, Receipt of Supplemental 
Petitions for Decision of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Receipt of supplemental petitions.

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SUMMARY: Hitachi Cable America Inc. (HCA), now known as Proterial Cable 
America, Inc. (PCA), and Harley-Davidson Motor Company (Harley-
Davidson) (collectively, ``the Petitioners'') have determined that 
certain PVC, Nylon, and ``Revised Socket'' Nylon brake hose assemblies 
equipped in certain model year (MY) 2008-2022 Harley-Davidson 
motorcycles, and also sold to Harley-Davidson dealers as replacement 
parts, do not fully comply with Federal Motor Vehicle Safety Standard 
(FMVSS) No. 106, Brake Hoses. The Petitioners filed the appropriate 
noncompliance reports and subsequently petitioned NHTSA (the 
``Agency'') for a decision that the subject noncompliance is 
inconsequential as it relates to motor vehicle safety. Notice of 
receipt was first published on April 13, 2023. This document announces 
receipt of the Petitioners' supplemental petitions.

DATES: The comment period for the notice published on April 13, 2023, 
at 88 FR 22523, is extended. Send comments on or before September 21, 
2023.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited in the title of this notice and may be 
submitted by any of the following methods:
    <bullet> Mail: Send comments by mail addressed to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590.
    <bullet> Hand Delivery: Deliver comments by hand to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590. The Docket Section is open on weekdays from 10:00 a.m. to 5:00 
p.m., except on Federal Holidays.
    <bullet> Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting 
comments.
    <bullet> Comments may also be faxed to (202) 493-2251.
    Comments must be written in the English language, and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    When the petitions are granted or denied, notice of the decision 
will also be published in the Federal Register pursuant to the 
authority indicated at the end of this notice.
    All comments, background documentation, and supporting materials 
submitted to the docket may be viewed by anyone at the address and 
times given above. The documents may also be viewed on the internet at 
https://www.regulations.gov by following the online instructions for 
accessing the dockets. The docket ID number for these petitions is 
shown in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000 (65 FR 19477-78).

FOR FURTHER INFORMATION CONTACT: Manuel Maldonado, General Engineer, 
NHTSA, Office of Vehicle Safety Compliance, (202) 366-7235.

SUPPLEMENTARY INFORMATION: 
    I. Overview: The Petitioners determined that certain PVC, Nylon, 
and ``Revised Socket'' Nylon brake hose assemblies equipped in certain 
MY 2008-2022 Harley-Davidson Touring, CVO Touring, Trike, Softail, 
Revolution Max, VRSC, XG750A, and XL Sportster motorcycles, and also 
sold as replacement parts, do not fully comply with paragraph S5.3 of 
FMVSS No. 106, Brake Hoses (49 CFR 571.106).
    PCA filed its initial noncompliance report on July 27, 2022, and 
amended the report on August 25, 2022, October 18, 2022, October 26, 
2022, November 16, 2022, March 30, 2023, and May 15, 2023, pursuant to 
49 CFR part 573, Defect and Noncompliance Responsibility and Reports. 
PCA petitioned NHTSA on August 19, 2022, and later amended its petition 
on November 10, 2022, December 2, 2022, April 21, 2023,\1\ and May 15, 
2023, for an exemption from the notification and remedy requirements of 
49 U.S.C. Chapter 301 on the basis that the subject noncompliances are 
inconsequential as they relate to motor vehicle safety, pursuant to 49 
U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, Exemption for 
Inconsequential Defect or Noncompliance.
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    \1\ The supplemental petition submitted on April 21, 2023, was 
incorrectly dated as April 21, 2022.
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    Harley-Davidson filed its initial noncompliance report on August 9, 
2022, and later amended the report on December 6, 2022, February 7, 
2023, February 8, 2023, March 8, 2023, May 11, 2023, and June 21, 2023, 
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility 
and Reports. Harley-Davidson petitioned NHTSA on September 2, 2022, and 
amended its petition on December 29, 2022, and June 2, 2023, for an 
exemption from the notification and remedy requirements of 49 U.S.C. 
Chapter 301 on the basis that this noncompliance is inconsequential as 
it relates to motor vehicle safety, pursuant to 49 U.S.C. 30118(d) and 
30120(h) and 49 CFR part 556, Exemption for Inconsequential Defect or 
Noncompliance.
    Notice of receipt of the Petitioners' prior petitions was published 
on April 13, 2023, in the Federal Register (88 FR 22523). To view the 
petitions and all supporting documents log onto the Federal Docket 
Management System (FDMS) website at https://www.regulations.gov/. Then 
follow the online search instructions to locate docket number ``NHTSA-
2022-0094.''
    This notice of receipt of the Petitioners' supplemental petitions 
is

[[Page 57172]]

published under 49 U.S.C. 30118 and 30120 and does not represent any 
Agency decision or another exercise of judgment concerning the merits 
of the petitions.
    II. Motorcycles and Equipment Involved: Approximately 6,139,858 
PVC, Nylon, and ``Revised Socket'' Nylon brake hose assemblies 
manufactured by PCA, between February 28, 2007, and October 13, 2022, 
were reported by PCA as the population of the recall. Approximately 
1,662,246 MY 2008-2022 Harley-Davidson Touring, CVO Touring, Trike, 
Softail, Revolution Max, VRSC, XG750A, and XL Sportster motorcycles, 
manufactured between May 17, 2007, and October 16, 2022, may have been 
equipped with the noncompliant brake hoses assemblies manufactured by 
PCA, as reported by Harley-Davidson as the population of the recall.
    III. Noncompliance: The Petitioners explain that certain Nylon, and 
``Revised Socket'' Nylon assemblies do not meet constriction, whip 
resistance, water absorption and whip resistance, brake fluid 
compatibility (BFC), and high temperature impulse (HTI) requirements, 
and certain PVC assemblies did not meet the constriction, expansion and 
burst strength, whip resistance, water absorption and whip resistance, 
tensile strength, water absorption and tensile strength, water 
absorption and burst strength, and high temperature impulse 
requirements. Therefore, the subject Nylon brake hose assemblies do not 
comply with paragraphs S5.3.1, S5.3.3, S5.3.7, S5.3.9 and S5.3.12 of 
FMVSS No. 106. The subject PVC brake hose assemblies do not comply with 
paragraphs S5.3.1, S5.3.2, S5.3.3, S5.3.4, S5.3.6, S5.3.7, and S5.3.12 
of FMVSS No. 106.
    IV. Rule Requirements: Paragraphs S5.3, S5.3.1, S5.3.2, S5.3.3, 
S5.3.4, S5.3.6, S5.3.7, S5.3.9, and S5.3.12 of FMVSS No. 106 include 
the requirements relevant to the petitions, and are broadly summarized 
herein. A hydraulic brake hose assembly must be capable of meeting the 
requirements when tested under the conditions specified in the standard 
and the applicable procedures of paragraph S6. Paragraph S5.3.1 
pertains to the constriction requirement that every inside diameter of 
the brake hose assembly shall not be less than 64 percent of the 
nominal inside diameter of the brake hose. Paragraph 5.3.2 pertains to 
the expansion and burst strength requirement that the maximum expansion 
of a hydraulic brake hose assembly not exceed the values specified by 
Table 1 at the given psi. The hydraulic brake hose assembly must then 
withstand a water pressure of 4,000 psi for 2 minutes without rupture, 
then not rupture at the less than 7,000 psi for a \1/8\ inch hose or 
smaller or at less than 5,000 psi for a hose with a diameter larger 
than \1/8\ inch. Paragraph S5.3.3 pertains to the whip resistance 
requirement that the brake hose assembly not rupture when subjected to 
a 35-hour continuous run on a flexing machine. Paragraph S5.3.4 
pertains to the forces that a brake hose assembly must withstand 
without separation of the hose from its end fittings. Paragraph S5.3.6 
pertains to the tensile strength requirement that the brake hose 
assembly shall withstand after immersion in water for 70 hours. 
Paragraph S5.3.7 pertains to water absorption and whip resistance, and 
requires the hose not to rupture when subjected to a 35-hour continuous 
run on a flexing machine after immersion in water for 70 hours. 
Paragraph S5.3.9 provides the requirements for BFC after the brake hose 
assembly has been exposed to brake fluid for a specified time at a 
specified temperature. These requirements include compliance with 
constriction, per S5.3.1, as well as withstanding water pressure of 
4,000 psi for 2 minutes, and then shall not rupture at less than 5,000 
psi. Paragraph S5.3.12 describes the HTI test, which requires the brake 
hose assembly to withstand pressure cycling, followed by a 2-minute, 
4,000 psi pressure hold test, during which the hose shall not rupture, 
and then shall not subsequently burst at a pressure less than 5,000 
psi.
    V. Summary of the Petitioners' Supplemental Petitions: The 
following views and arguments presented in this section, are the views 
and arguments provided by PCA. These views and arguments have not been 
evaluated by the Agency and do not reflect the views of the Agency. PCA 
and Harley-Davidson contend that the additional noncompliances 
identified since their prior filings are also inconsequential as they 
relate to motor vehicle safety.
    On April 21, 2023, PCA submitted its second supplemental petition 
and a technical report in support of its petition for a decision of 
inconsequential noncompliance. PCA says that supplemental testing was 
performed on similar or affected brake hose assemblies and argues those 
test results support a determination of inconsequential noncompliance. 
PCA claims that the supplemental technical report shows that the 
subject noncompliances in the affected brake hose assemblies are 
inconsequential to motor vehicle safety because all of the noncompliant 
assemblies are ``robust to very severe conditions that exceed 
motorcycle lifetime demands with no adverse impact on brake 
performance.''
    PCA says that in the contractor's testing in support of its 
petitions and supplemental submissions, nearly 1,000 assemblies overall 
were subjected to testing which included: pressure and time sensitivity 
testing, accelerated durability pressure, accelerated durability 
suspension stroke testing, field inspections of assemblies for evidence 
of fatigue, master cylinder leaking testing, and dynamic response time 
testing. PCA says the test results show that the subject 
noncompliances, including in assemblies affected by multiple 
noncompliances, ``presents no incremental risk to motor vehicle 
safety.''
    PCA believes that the Agency's 2022 decision \2\ on a petition 
submitted by FCA US LLC further supports a finding of 
inconsequentiality for the subject noncompliance. PCA says that FCA 
US's petition involved constricted brake hose assemblies for use in 
four-wheeled vehicle. PCA says the Agency denied FCA's petition 
because, while any potential safety consequence resulting from FCA US's 
noncompliance may not present itself initially, it can emerge over the 
service life of the product. PCA argues that this concern does not 
apply to the subject brake hose assemblies because PCA's contractor 
conducted testing of the subject assemblies to ``conditions far beyond 
what they would experience over a lifetime.'' Furthermore, PCA says 
that the constriction level for FCA US's noncompliance was 53 percent 
of the nominal inside diameter and PCA's assemblies are closer to the 
64 percent minimum required by FMVSS No. 106.
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    \2\ FCA US LLC, 87 FR 61432 (Oct. 11, 2022).
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    PCA adds that the Agency may have denied a 2001 petition by Federal 
Mogul that involved constricted brake hoses.\3\ Federal Mogul described 
testing in its petition however, PCA says that their testing ``does not 
appear to have included any accelerated aging component'' and the 
constriction present in the affected assemblies appears to be as low as 
51.2 percent.
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    \3\ HCA notes that the Agency's decision does not appear to be 
publicly available online, but Federal Mogul's petition is available 
at https://www.regulations.gov/document/NHTSA-2001-9956-0001.
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    In addition to the decisions on petitions for inconsequential 
noncompliance PCA cited in its original petition, PCA says that the 
following decisions support a finding of inconsequentiality for the 
subject noncompliances:

[[Page 57173]]

    <bullet> Nissan North America, Inc., Grant of Petition for 
Determination of Inconsequential Noncompliance; 85 FR 39678 (July 1, 
2020).
    <bullet> Kolcraft Enterprises, Inc., Grant of Application for 
Determination of Inconsequential Noncompliance; 63 FR 24585 (May 4, 
1998).
    PCA concludes by stating its belief that the subject noncompliances 
are inconsequential as they relate to motor vehicle safety and its 
petition to be exempted from providing notification of the 
noncompliances, as required by 49 U.S.C. 30118, and a remedy for the 
noncompliances, as required by 49 U.S.C. 30120, should be granted.
    On May 15, 2023, PCA submitted an addendum to its April 21, 2023, 
technical report. The technical report described testing that was in 
process and the addendum summarizes the completed testing and provides 
additional information concerning brake hoses that are affected by 
multiple noncompliances. PCA says that the completed testing supports 
the findings discussed in the prior technical reports.
    On June 2, 2023, Harley-Davidson submitted its second supplemental 
petition and a second supplemental technical report in support of its 
petition. Harley-Davidson summarizes additional vehicle and brake hose 
assembly testing that took place after its initial technical report 
which Harley-Davidson believes further supports the granting of its 
petition. Further, Harley-Davidson expanded on its prior review of 
NHTSA's VOQ records, legal claims and suits, warranty data and customer 
contacts which it argues supports a determination of inconsequential 
noncompliance. In the second supplemental petition, Harley-Davidson 
adds that the Agency's 2006 decision on a petition involving a 
noncompliance with FMVSS No. 213, Child Restraints, which Harley-
Davidson believes ``highlight[s] the lack of direct correlation between 
the requirements for brake hose constriction and motorcycle safety in 
this specific vehicle application.'' (See Grant of Petition for 
Determination of Inconsequential Noncompliance, 67 FR 21798, May 1, 
2002).
    VI. Prohibition on sale, offer for sale, introduction or delivery 
for introduction of noncompliant motor vehicle equipment and vehicles: 
NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 
30120(h)) that permit manufacturers to file petitions for a 
determination of inconsequentiality allow NHTSA to exempt manufacturers 
only from the duties found in sections 30118 and 30120, respectively, 
to notify owners, purchasers, and dealers of a defect or noncompliance 
and to remedy the defect or noncompliance. Therefore, any decision on 
this petition only applies to the subject motorcycles and brake hose 
assemblies that the Petitioners no longer controlled at the time when 
the Petitioners determined that the noncompliances existed. However, 
any decision on these petitions does not relieve equipment and 
motorcycle distributors and dealers of the prohibitions on the sale, 
offer for sale, or introduction or delivery for introduction into 
interstate commerce of the noncompliant motorcycles and brake hose 
assemblies under their control.

(Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49 
CFR 1.95 and 501.8.)

Otto G. Matheke, III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2023-18021 Filed 8-21-23; 8:45 am]
BILLING CODE 4910-59-P